Plain language law

New Zealand law explained for everyone

Lawyers and Conveyancers Act 2006

Restrictions on provision of legal services and conveyancing services - Conveyancing services

36: Exceptions to sections 32, 33, and 35

You could also call this:

"When some law rules don't apply to preparing documents"

Illustration for Lawyers and Conveyancers Act 2006

You can still prepare some documents even if sections 32, 33, and 35 of the Lawyers and Conveyancers Act 2006 apply. If you are preparing a tenancy agreement for 12 months or less and the tenant does not have the right to renew the agreement, you are allowed to do this. You do not need to follow these rules. You can prepare agreements for sale and purchase of land if you have a current licence under the Real Estate Agents Act 2008. This also applies if you are giving advice about legal rights and obligations related to the agreement. However, this does not apply to salespeople with less than 6 months of experience. A patent attorney can draw, prepare, or review documents related to intellectual property rights. They can also prepare conveyances, deeds, or agreements that only assign intellectual property rights. This is allowed under the Lawyers and Conveyancers Act 2006. You can fill in a printed form to prepare a conveyance, deed, or agreement without breaking the rules. The form must be a prescribed form or one prepared by an authorised person. It must also be reasonable to expect that anyone can fill in the form, and you cannot charge for this service. A patent attorney does not break the rules by preparing documents or conducting business for the purposes of the Patents Act 2013. They can also exercise their rights and privileges under this Act. A statutory officer or Crown organisation can discharge their duties or exercise their powers under any enactment. They can also do things that help them carry out their functions. This is allowed under the Lawyers and Conveyancers Act 2006.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365747.

This page was last updated on — View changes

Topics:
Housing and property > RentingHousing and property > Buying and selling homesBusiness > Industry rulesMoney and consumer rights > Consumer protection
Previous

35: Practice of conveyancing, or

"Who can provide conveyancing services and when"

Next

37: Practice by conveyancing practitioner on his or her own account, or

"Practising as a conveyancer on your own"

Part 2Restrictions on provision of legal services and conveyancing services
Conveyancing services

36Exceptions to sections 32, 33, and 35

  1. Sections 32, 33, and 35 do not prevent any person from preparing for or on behalf of any other person any tenancy agreement or agreement evidencing a tenancy if—

  2. the tenancy is for a term of 12 months or less; and
    1. no right of renewal is conferred on the tenant by the agreement.

      1. Sections 32, 33, and 35 do not prevent any person who holds a current licence under the Real Estate Agents Act 2008—

      2. from preparing any agreement for sale and purchase of land or any interest in land or of the goodwill of a business or of chattels; or
        1. from giving advice about legal rights and obligations that is incidental to the preparing of an agreement of the kind referred to in paragraph (a).

          1. However, subsection (2) does not apply to a person who, under the Real Estate Agents Act 2008, holds a licence as a salesperson unless the person has had at least 6 months experience as such as a licensee.

          2. Sections 32, 33, and 35 do not prevent a patent attorney from drawing, preparing, or reviewing—

          3. those provisions of any conveyance, deed, or agreement that relate to intellectual property rights; or
            1. any conveyance, deed, or agreement by which only intellectual property rights are assigned.

              1. A person does not commit an offence against any provision of sections 32, 33, and 35 by reason only of preparing, on behalf of any other person, any conveyance, deed, or agreement that is prepared by filling in a printed form if—

              2. the printed form is either—
                1. a prescribed form; or
                  1. a form prepared by a person who, at the time when it was prepared, was an authorised person within the meaning of section 35(2); and
                  2. it is reasonable to expect that the form could be properly completed by persons who were not authorised persons within the meaning of section 35(2); and
                    1. no charge is made, directly or indirectly, for the filling in of the form or any service in relation to the filling in of the form.

                      1. A patent attorney does not commit an offence against any provision of sections 32, 33, and 35 by reason only of—

                      2. preparing documents, transacting business, and conducting proceedings for the purposes of the Patents Act 2013:
                        1. exercising any other rights and privileges as may be prescribed under the joint registration regime provided for in Part 6 of the Patents Act 2013.

                          1. Section 35 does not prevent a statutory officer or Crown organisation, or any employee of a statutory officer or Crown organisation,—

                          2. from discharging any of his, her, or its duties, or exercising any of his, her, or its powers, under any enactment; or
                            1. from doing any thing that is intended to facilitate, or is conducive or incidental to, the discharge of the functions conferred on the statutory officer or Crown organisation by any enactment.

                              Compare
                              Notes
                              • Section 36(2): amended, on , by section 173 of the Real Estate Agents Act 2008 (2008 No 66).
                              • Section 36(2A): inserted, on , by section 173 of the Real Estate Agents Act 2008 (2008 No 66).
                              • Section 36(4A): inserted, on , by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).
                              • Section 36 compare note: amended, on , by section 8 of the Patents (Trans-Tasman Patent Attorneys and Other Matters) Amendment Act 2016 (2016 No 89).